A man charged with killing his six month old son will not be retried because prosecutors forgot his case for nearly eight years.

Alfred Alexander was indicted in December 2004 for the smothering death of his son, Elijah.

In October 2005, a jury found Alexander not guilty of malice murder, guilty of child cruelty, and could not reach a verdict on felony murder.

He served time for the cruelty conviction and was paroled in June 2009.

In 2013, prosecutor Buzz Franklin realized the felony murder charge was never retried and had the case added to the September 2013 trial calendar.

Alexander asked to dismiss, asserting his 6
amendment right to speedy trial. Judge Ralph Van Pelt ruled in his favor and the prosecutor, Buzz appealed.

On Monday, the Georgia Supreme Court upheld Van Pelt’s decision.